Government Liability - Can I Sue the Government?

September 15, 2014
By
Thomas J. Foley

Share

Since the government writes the laws, they make it very difficult to successfully
sue the government. Oftentimes cases will be thrown out due to “governmental
immunity.” This means that the government cannot be sued under the
facts of the specific case. There are exceptions to the general rule.
For example, you can sue the government as you would an ordinary citizen
or business owner if the claim arises out of the government’s proprietary
capacity. Mostly this occurs when the government owns property and is
charging for the use of the property (ex. landlord).

In a recent case
Granata v. City of White Plains the appellate division let stand a jury finding that the government was
100 percent liable for a vicious attack that led to the death of the victim.
The theory of the plaintiff was that the city failed to provide minimum
safety precautions such as adequate lighting and regularly monitored cameras.
In upholding the finding in favor of the plaintiff, the appellate panel
held that immunity did not extend to claims linked to the government’s
performance of a “proprietary function” such as owning and
operating a parking garage.

Ultimately,
personal injury cases against the government are tough. However, as highlighted in Granata,
there are exceptions.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.